Point of Order

Caroline Nokes Excerpts

Tuesday 3rd September 2024 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

On a point of order, Madam Deputy Speaker. On 25 July, the main estimates were laid before the House and passed without debate or vote. On 29 July, the Chancellor came to the House and made a statement about the public finances, and laid a further document called “Fixing the Foundations”, which showed a wildly different picture of the public finances from that which had been presented to us just one working day before.

Naturally, that raised concerns in the House. I and a number of Members questioned the Chancellor of Exchequer about it at the time. The fact that she was evasive in the debate and, frankly, look rattled raised further concerns. Today, a letter from the Cabinet Secretary to my right hon. Friend the shadow Chancellor has been leaked. It explains that officials knew at the time that the estimates laid by the Chancellor were incorrect. I also have a letter from the Office for Budget Responsibility in response to a freedom of information request that I made prior to the recess. It explains that the OBR was shown the contents of that document two days before the estimates were laid before the House. Indeed, the OBR was given the “Fixing the Foundations” document in order to fact-check it on the day that the estimates were laid before the House of Commons.

That raises a number of issues for the House, but the one that I am most concerned about is whether the Chancellor of the Exchequer has knowingly misled the House of Commons on the state of the public finances and her knowledge at the time. Knowingly misleading the House is a breach of the ministerial code, and I want your guidance, Madam Deputy Speaker, on what the appropriate course of action might be for the House. If we cannot rely on the financial information laid before us, but trust that it is accurate and wave it through, we are in a very difficult place indeed.

I have notified the Chancellor of the Exchequer of my intention to raise this point of order. Obviously, once an independent adviser on the ministerial code is appointed, I can make representations to them, but in the meantime we are faced with a situation where either the estimates or the “Fixing the Foundations” document was knowingly wrong. In either case, the House may have been significantly misled, and I would be interested to hear your guidance on what we can do about it, Madam Deputy Speaker.

[Madam Deputy Speaker (Caroline Nokes)]

I thank the right hon. Gentleman for his point of order and for advance notice of it. He indicated that he has informed the Chancellor of his intention to make the point of order, which of course is the correct thing to do. There are two separate points here. The first is one of privilege. He should write to the Speaker to make the point that he is concerned that the Chancellor may have misled the House. The second is about the accuracy of the estimates. That is not a matter for the Speaker, but it may be something that the right hon. Gentleman chooses to raise with the Chair of the Public Accounts Committee once they are elected next week.

Oral Answers to Questions

Caroline Nokes Excerpts

Tuesday 14th May 2024 Commons Chamber

[Alex Chalk]

I hope that the hon. Gentleman will welcome the £10 million that is going to the Housing Loss Prevention Advisory Service, which is a revolutionary step to ensure that those who are at risk of eviction can access the legal aid they require in order to make their case. I respectfully invite the hon. Gentleman to come and see me so that I can discuss this with him further and he can be a voice for his constituents, signposting them to the support that is available, because it is important for them to be aware of the support that the Government are providing.

[Caroline Nokes (Romsey and Southampton North) (Con)]

20. What steps he is taking to prevent domestic abuse perpetrators from using the justice system to extend control over victims.

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

The Government have taken significant steps to prevent domestic abusers from using the justice system to extend control over their victims. Section 65 of the Domestic Abuse Act 2021 prevents them from cross-examining their victims and requires special measures to be available in court, and we have also amended prohibition orders under section 91(14) of the Children Act 1989, which can bar any individual from making a further application to court without permission when abusive partners are judged to be bringing victims back to court without reasonable purpose.

[Caroline Nokes]

My hon. Friend takes domestic abuse very seriously, but is she aware that perpetrators all too frequently seek to use the civil courts to perpetrate further abuse of their victims, often with the support of legal aid and often using “experts” with no relevant qualifications to make accusations of, for instance, parental alienation or child grooming? Can she please reassure me that the Government are taking this matter seriously, to ensure that perpetrators do not continue to use our courts system to retraumatise their victims?

[Laura Farris]

My right hon. Friend asks an excellent question, but let me first remind her that this is precisely the issue at which the section 91(14) prohibition orders are directed. Moreover, one of the changes made under the Domestic Abuse Act gave the courts themselves the power to make those orders of their own volition, rather than waiting for an application from the victim.

As for the second part of my right hon. Friend’s question, to the extent that we are making changes to legal aid, all those changes are in favour of the victim. We are removing illiquid and contested assets from consideration of means, all protective orders can be obtained without any assessment of means, and we are undertaking a legal aid means test review to make the test much more generous to victims.

My right hon. Friend’s final point concerned the so-called experts who give evidence on parental alienation. The Government do not recognise the concept of parental alienation, and do not believe that it is a syndrome capable of diagnosis. We have responded to the Domestic Abuse Commissioner on this subject in writing.

His Majesty’s Prison and Probation Service

Caroline Nokes Excerpts

Tuesday 4th July 2023 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

It is a pleasure to follow the hon. Member for Hammersmith (Andy Slaughter), who made some really interesting points about the collection of data both in the MOJ and in prisons, and the ability that gives us as parliamentarians to hold to account, scrutinise and understand better what is happening in our prisons and the impact that that is having, as the hon. Gentleman finished by saying, on wider society. I want to pick up on a very specific element of that, which is the impact that it is having on families.

I was very privileged last week to host an event in this place on behalf of my constituent Professor Jane Payler, who has carried out a two-year research project on the impact of prison sentences on the families of offenders. In particular, she highlights the work of Families First, which is a Worcestershire project. One could reasonably question why I was looking at Worcestershire when I very clearly represent Hampshire, but this is in fact an Open University project, led by my constituent, to scrutinise the impact of prison sentences on the children and families of offenders and what we know about that.

The answer comes back, sadly, that we know far too little, because at no point is there any coherent, strategic collection of data that gives us any indication of how many children prisoners may have, and therefore of how many children in wider society may need additional support because they are missing a parent. It is not just that the parent is absent; the children are also coping with the stigma and shame of the fact that their parent—usually their father, although not in every case—is imprisoned. There can be a reluctance on the part of the prisoner to volunteer the information that they have children, because there is a fear that those children will then have an involvement with social services that the mother—I say mother, and I am generalising, but it is usually the mother—may well not want, and there is a fear that that could result in even more adverse outcomes for the children.

I am prepared to concede that in comparison with my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, I know little about this subject, and I am not an expert by a long way. What struck me instantly, however, was that today is an opportunity to raise with the Minister the importance of our improving our understanding and discourse around the impact of prison, and understanding what the MOJ, and indeed the Minister, could do to improve the situation, so that there is at least some collection of this data and we know about the numbers. Estimates of the children impacted vary wildly. We can find one estimate back in 2009 of perhaps 90,000 children impacted, and if we extrapolate the numbers for the increase in the prison population we might expect that number to be in the region of 120,000 or 130,000 children now. Some academic research, relying on French data, indicates that the problem could extend to as many as 300,000 children who are impacted by parental imprisonment.

What do we know of those children? First, we know far too little, but we do know that there are considerable problems with their emotional and mental wellbeing. We know there are considerable problems with the physical impact of a child potentially being moved around the country because they are missing a parent, and the changes that there may be in schools. We know that such children have poorer educational outcomes, and that they and their families are largely forgotten, unseen, and impacted as a result of that. We know there is a lack of holistic and tailored support for those children. We know about secondary prisonisation—I am not convinced that it is a word, but we will go with it for the time being—and that there is an impact on their mental health because of the stigma and shame that they feel. Children lack an understanding of what has happened to their parent, and many are assuming caring responsibilities that that absent parent may have.

We heard from the hon. Member for Hammersmith commentary on the impact that criminal behaviour can have on young people who have previously witnessed criminality, and in far too many instances the young person may step into the void caused by a father or parent going into prison. However, we cannot access up-to-date data, and the number of children impacted is simply not recorded. Freedom of information requests to the MOJ have indicated that such data is not in an extractable format, so even if it has been collected, we cannot necessarily extract it within the cost parameters that are often used.

I have one request, which I think is on quite a short list this afternoon. I thought at one point that I could perhaps stand up and make a cheeky little intervention, but I could see five minutes in that this request clearly could not be made in an intervention without testing your patience, Mr Deputy Speaker. My request is to the MOJ: please find a mechanism whereby that data can be recorded and shared with those services that are in a position to support those children, whether that is local authorities, or the excellent charity sector, just as we had with Families First in Worcestershire. It has worked incredibly hard to ensure that such support is provided to children with, I must say, some really striking outcomes.

The report, which I will send to the Minister after the debate, contains heart-warming stories of the difference that has been made to children when there has been intervention and they have been given support. Also crucial has been the difference that such support has made to parents coming out of prison; having conversations with their children who have articulated the impact on them, which has convinced their dad that the last place he ever wishes to return is prison.

Given that I have this opportunity and few other Members wish to contribute—I have plenty of time—it would be remiss of me not to raise two other issues regarding the MOJ that are of concern to me. The hon. Member for St Helens North (Conor McGinn) is no longer in his place, but he raised the important point that prison should be used as a mechanism to keep us, wider society, safe from people who are dangerous. I recently met two incredible women, Carole Goulde and Julie Devey, who both tragically lost their daughters in domestic homicides. They have lobbied long and hard for there to be a review of sentencing. They have welcomed the fact that the eminent KC Clare Wade has done her review into domestic homicide sentencing, but it would be remiss of me not to use this opportunity to reiterate their calls about the fact that “overkill”—a horrific and graphic term for where people, all too often women, are murdered in a frenzy by someone they may have recently been in a relationship with, or still are—still does not carry a mandatory 25 years. We need to be protected from the truly dangerous individuals who abuse women and murder their own partners. I would argue they are among the most dangerous people we can encounter.

I know that the Government’s response to the Wade review is due imminently. Will my right hon. Friend the Minister discuss that with the Lord Chancellor and the Minister of State, my right hon. Friend the Member for Charnwood (Edward Argar), to make sure that that Government response is not snuck out on the last day of term? It would be most helpful if Members had the opportunity to have time in this House—perhaps an oral statement or an urgent question the following day—to discuss what we think of the Government’s response to the Wade review. As I said, these are among the most horrific crimes, and it is important that this House is given the opportunity to debate that review in due course.

I thank you, Mr Deputy Speaker, for giving me the opportunity to speak. I pay tribute to my hon. Friend the Member for Bromley and Chislehurst, the Chair of the Select Committee, who has led this debate and highlighted his expertise in this area.

Police, Crime, Sentencing and Courts Bill

Caroline Nokes Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Members should stand only if they want to take part in debate on the first group of amendments, not the second or third groups. We are time-limited, so perhaps Members could focus on the duration of their speeches as well as on the content, to give an opportunity for other Members to take part.

[Caroline Nokes (Romsey and Southampton North) (Con)]

As a woman who is perennially in a hurry and terribly impatient, I will ensure that my contribution is blissfully short. There is much in the Bill that I feel encouraged about. As hon. Members might expect, as Chair of the Women and Equalities Committee, I will focus specifically on those areas that affect women.

Inevitably, I will always say to the Government that they have missed opportunities, that they have not gone far enough and that more could have been done. I very much feel that the Bill could have done more, but I very much welcome the amendment on voyeurism and breastfeeding, which was put forward by the hon. Member for Walthamstow (Stella Creasy) and has been accepted by the Government. That is a step in the right direction for women. I also welcome Government amendment (a) in lieu of Lords amendment 70 on spiking. I am the first to acknowledge that spiking is not necessarily a gendered crime, but in many instances it is, and we know that young women in particular fall victim to it. Although there are concerns around spiking for robbery, for other forms of violence and abuse and, indeed, in some cases, just for entertainment, a massive proportion of it is about taking sexual advantage—usually of women.

As hon. Members might expect—it was inevitable—I turn to amendment 72 on misogyny. Consistency is important, so I have always said that I would accept and welcome what the Law Commission recommended in its review. However, if we are to go to its recommendations on misogyny and the complications that it rightly highlighted—this is an incredibly difficult area—we should also look at public sexual harassment, which it has also said should be a specific crime.

I started by saying that I am a woman in a hurry, and I am. I welcome my right hon. Friend the Minister’s comments on what the Government are planning to do on public sexual harassment, but this feels like a missed opportunity. I look for confirmation on whether the specific legislative vehicle—this looks very much like one—will be the victims Bill or something tailored to PSH, because this absolutely matters. If we are to start tackling the cultures that underpin violence against women, we must look at the cultures that mean that some men think it is okay to harass women on the street and on public transport.

[Siobhan Baillie (Stroud) (Con)]

Girls from Stroud High School got me into their school to talk about the public sexual harassment that they receive—often daily and often in their school uniforms—which is outrageous. Under the “Everyone’s Invited” campaign, many schoolgirls—and schoolboys as well—have reported exactly what they experience. Does my right hon. Friend agree that while the comments that we have heard from the Minister are incredibly positive, we must recognise that the calls for such changes come not just from this place or from adults but from young girls everywhere who are experiencing really tough times?

[Caroline Nokes]

My hon. Friend is absolutely right. It is in our schools that those calls are strongest, which means that young women in their school uniforms are being significantly impacted. They feel scared to walk home alone. They are given advice to stay to well-lit areas, to ensure that they walk in areas with CCTV and to be careful on public transport. Yet again, we are saying, “Girls, be careful,” and not, “Men, don’t do it.” That is why I feel so strongly about specific legislation on public sexual harassment that empowers women to point at behaviours and say, “That is a crime.”

[Stella Creasy]

I completely agree with everything that the right hon. Member said. It is frustrating as always that, yet again, we are asking women to think about how they keep themselves safe rather than thinking how we stop the perpetrators, let alone the focus being somehow on street lighting, as if these incidents happen only in certain places and spaces. She talks about public sexual harassment. One of the challenges, as the Law Commission admits—I have met and talked to the Law Commission about this—is that not all harassment motivated by misogyny is sexual. I go back to the Muslim women targeted to have their hijabs torn off and disabled women, who are targeted in particular. How can we expand our understanding of how misogyny is driving crimes if we think it is only about sex? Does she agree that we need to find a way to recognise that broader concept of harassment, abuse and incitement, as the Law Commission said should happen but did not come up with legislation?

[Caroline Nokes]

The hon. Lady makes an important and powerful point. It is imperative that we look at this issue not just in terms of sexual harassment. I apologise for detaining hon. Members a moment longer than I intended, but I want to highlight the case of a constituent who came to see me. She was 23-years-old and had a job in Waitrose pushing trolleys around the car park. She said, “I hate lunch time.” That seemed an odd comment to make, so I asked, “Is it particularly busy at lunch time?” She said, “No. It’s when the white van men turn up.” She told a tale of how, in the depths of winter, when wearing a beanie hat, a puffer coat and a mask—it was at the height of covid—a man walked up to her, put his hands either side of her face and said, “You’re too beautiful to be doing this job.” I have spoken to colleagues in this place who are eminent lawyers— they know much better than me what is criminal and what is not—and asked them, “Where’s the crime?” Not one of them could come up with an actual crime for that. The hon. Lady is therefore right: that was not sex-based; it was just harassment in the same way as we see people stood outside abortion clinics hurling abuse at people going to access those services. We must ensure that abuse directed at women on the grounds of their gender or sex is tackled, and tackled effectively.

The Women and Equalities Committee is about to do an enormous piece of work about the cultures that underpin this problem and hopes to come up with recommendations that the Government will listen to and act on. We want to see legislation that makes women feel safer because they can point at behaviours and say, “That is a specific crime,” that allows perpetrators to look at behaviours and think, “Actually, I shouldn’t do that—I might get in trouble,” and that allows the police and the Crown Prosecution Service to look at behaviours and think, “There’s the crime.”

[Richard Graham]

On a small point of clarification, my right hon. Friend quite rightly referred to how the vast majority of spiking cases are about men spiking women’s drinks, and there is no question about that, but I am sure she recognises that some cases—I think in particular of the heinous case of Reynhard Sinaga, who was found guilty in Manchester of spiking and raping at least 48 victims man on man—are the other way.

[Caroline Nokes]

I thank my hon. Friend for that comment. I hope that I did not in any way give the impression that men are not victims, because, yes, they are. When we talk about violence perpetrated against others, sometimes we do not adequately identify the many instances in which young men, and young gay men in particular, can fall victim to such horrific behaviours.

I want to see something on the statute book, and I will press my right hon. Friend the Minister for something quickly. It is not good enough to kick this issue into the long grass and say that we need another review or more consultation. We see that too often. Young women, the girls of the Girl Guides, those from Plan International UK, older women—the Soroptimists have summoned me to tell me that this must be done urgently—and the Women’s Institute all want action. Later this evening, I will attend the event downstairs—it is on now—looking at the Government’s strategy. If we are serious, we must send a clear and powerful message to both victims and perpetrators about what is and is not criminal. Everyone in this House knows a victim; we also all know a perpetrator.

[Several hon. Members rose—]

Cyber-flashing

Caroline Nokes Excerpts

Tuesday 25th January 2022 Westminster Hall

[Fay Jones (Brecon and Radnorshire) (Con)]

I beg to move,

That this House has considered the matter of cyberflashing-related harms.

It is a pleasure to see you in the chair, Mr Gray. Let me start by explaining the perverse act of cyber-flashing. In essence, it is where a person is sent an unsolicited sexual image. There are two currents to this, and the first is through social media. More often than not, indecent images are persistently sent to Instagram, Snapchat or Twitter accounts. The second, more perverse angle, is where an image is received in a public place on someone’s device, just because their Bluetooth or AirDrop happens to be on. It often happens in public places such as on trains and buses or in lecture halls, where someone is in close proximity to people they do not know. It happens to men and women of all ages, and, sadly, is only increasing.

Cyber-flashing can be intimidating and distressing but, more than that, if someone receives an indecent image from a stranger in a public place, they are in a very vulnerable position. They are often alone with their perpetrator. Sometimes, the perpetrator is there, deliberately watching them, waiting for their reaction. It is a way of creating anxiety, a feeling of being watched and lack of safety, with the inherent threat that it could be followed up by a physical act of sexual harassment or violence.

There is evidence that cyber-flashing in this way is a gateway offence to more serious acts of violence. The man who killed Sarah Everard was accused of flashing before he went on to commit his horrific crime. It is time we made cyber-flashing a criminal offence on a par with its physical counterpart, to ensure the law catches up with technology.

[Caroline Nokes (Romsey and Southampton North) (Con)]

My hon. Friend has done incredible work highlighting the seriousness of cyber-flashing. Does she agree that it needs to be a specific criminal offence, alongside public sexual harassment? I would love to hear the Minister’s views on that.

[Fay Jones]

I thank the Chair of the Women and Equalities Committee not just for her intervention, but for her work in this area. I agree with her, and I would be interested to hear the Minister’s response later on.

At present, if someone is a victim of cyber-flashing the avenues to seek justice are limited at best. The Indecent Displays (Control) Act 1981, which criminalises the public display of indecent matter, is little known and likely to be little used. Laws on image-based sexual abuse are not based on an understanding of power and entitlement as the factors behind sexual harassment. They focus too narrowly on perpetrator motivations and do not provide the protection of anonymity for complainants, which I think is crucial.

Cyber-flashing is not an entirely new or recent problem. I am not the first to raise the need to criminalise cyber-flashing in this place. I pay tribute to hon. Friends who have partnered with the magazine Grazia, including my right hon. Friend the Member for Basingstoke (Mrs Miller) who has endorsed this campaign.

Since I have started talking about making cyber-flashing an offence in its own right, I have received not just many messages of support, but countless emails and social media messages from women who have been subjected to this cruel act. I pay particular tribute to the television actor and personality, Emily Atack, who was invited to Parliament by my hon. Friend the Member for Stroud (Siobhan Baillie) to talk about her experiences. I explained that I had sent her a message on Instagram asking to work with her on this campaign; she apologised to me, explaining that she never saw the message because her account is deluged with indecent images. I congratulate Emily, and others, for having the courage to speak out.

One field in which cyber-flashing is extremely common is online dating apps. I have been working with the app Bumble, which says that cyber-flashing is shockingly prevalent in the UK and disproportionately affects young women. According to a Bumble survey, in the past year alone 48% of millennial women said that they had been sent an unsolicited sexual image. One in four of those surveyed found that the prevalence of unsolicited lude images had got worse during the covid-19 pandemic, while one in three believed that cyber-flashing had become part and parcel of online behaviour. I do not know about you, Mr Gray, but I find that shocking. If we can agree on one thing this afternoon, it is that the unsolicited sharing of lewd images is not a part of normal courtship.

Education is one way in which we can seek to address this growing problem—making young people aware of the harm that this act can inflict on someone. This is already happening, thanks to campaign-led organisations such as Brook, which provide relationships and sex advice in schools throughout England and Wales. Its campaigners are also spending this freezing-cold Tuesday afternoon sitting on College Green with their advertising van. I encourage all Members, if they have a moment, to go and show their support for the campaign to ban cyber-flashing. I credit them for being hardy enough to stay there all afternoon.

Brook’s campaign to raise awareness of the harm caused by cyber-flashing is based on changing people’s behaviour and educating around consent. It is illegal to send someone younger than 18 an indecent image, yet almost half of millennial women who have received such an image were younger than 18 the first time that it happened. This figure rises to 71% when looking at 18 to 24-year-olds. What is illegal offline should be illegal online, and the law needs strengthening to achieve that. In June 2018, the Government introduced the Voyeurism (Offences) Act 2019, which sought to make upskirting a specific criminal offence. This is a prime example of how the law is involved in catching up with technological advancement.

--- Later in debate ---

[The Minister of State, Home Department (Victoria Atkins)]

May I say what a pleasure it is to serve under your chairmanship, Mr Gray? Thank you for your munificence in holding on until I raced my way here this afternoon.

I also thank my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) for securing the debate and for all her work on this vital issue since entering Parliament. Looking at my right hon. and hon. Friends across the Chamber, I genuinely see a group of very, very committed female parliamentarians who are doing everything that they can from the Back Benches to ensure that women and girls are protected in our society. I will try to reference them in my response.

I reiterate the horror set out by my hon. Friend in some of the experiences that we know about through campaigning organisations such as Brook. Women travelling on public transport or just going about their day-to-day lives can have such images thrust upon them and inserted into their lives without any consent.

My right hon. Friend the Member for Basingstoke (Mrs Miller) raised the absolutely valid point of consent. Indeed, she has been doing really groundbreaking work in highlighting the threat of deep fake pornography. Sadly, I think that we are only just beginning to see the potential and pernicious effect of that form of pornography. My right hon. Friend is very much leading the campaigning and raising awareness of those new ways in which criminals and others are using the internet.

My hon. Friend the Member for Brecon and Radnorshire quoted the Prime Minister’s response to a question about cyber-flashing from my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) during a sitting of the Liaison Committee. He said:

“I don’t care whether flashing is cyber or not, it should be illegal.”

In his own inimitable way, he has set out the Government’s approach to cyber-flashing. We absolutely support the development of such an offence, and we are carefully considering an offence along the lines of that proposed by the Law Commission.

My hon. Friend the Member for Brecon and Radnorshire asked whether the Online Safety Bill might be the vehicle through which that law was brought about. We are actively looking at that, but we very much understand the need for speed and, indeed, the wish of women and girls around the country for the issue to be dealt with quickly and effectively.

As my hon. Friend set out, criminal offences that may serve to deal with such situations already exist, and she listed a few of them. We recognise, however, the potential problems that may limit the application of some of those offences. In our discussions, the police and Crown Prosecution Service raised the practical difficulties of using section 66 of the Sexual Offences Act 2003, for example, because that particular offence requires that the genitals exposed are those of the offender. That may of course be very difficult to prove. In a situation where a woman received such a photograph on a crowded bus or tube carriage, for example, it would be an almost impossible element to prove, by definition. As such, we understand that there is a need to change the law, and also to reflect on the impact that these images can have on women and girls going about their business day to day. They may be distressed, worried, humiliated or frightened. Imagine a 15-year-old girl getting a bus home from school on a dark winter’s night, and this image pops up on her phone. She will be worrying, I would imagine, about what will happen to her when she gets off that bus to make her journey home. We absolutely understand that.

That is why, as a result of the concerns expressed by my hon. Friend the Member for Brecon and Radnorshire and others, as well as wider concerns about the development of new technology and how it is being used by perpetrators to commit offences, we wanted to understand whether the law as it is has kept pace with modern behaviour. It is why we asked the Law Commission to review the law on harmful online communications, to ensure that if change is needed, we do so in the right way. It reported last year, and I am extremely grateful to the Law Commission for that report, which recommended, among other things, a new criminal offence relating to cyber-flashing.

It is worth noting—indeed, my hon. Friend, in her usual thorough manner, did exactly this—that the offence of cyber-flashing is increasing in prevalence. According to the British Transport police, there were 66 reports of cyber-flashing in 2019, compared with 34 in 2018 and just three in 2016. Of course, as campaigns such as that of my hon. Friend get more traction, we are very alive to the risk that we will hear of more instances, because women and girls will know that they are not the only ones suffering these incidents and will, I hope, have the confidence to report them to the police. Having commissioned the Law Commission review, we are now working to ensure that we can change the law to reflect the realities of life in the 21st century.

My right hon. Friend the Member for Romsey and Southampton North, in her usual thorough and rightly pressing way, invited me to discuss the issue of public sexual harassment. Again, through the tackling violence against women and girls strategy, we have looked at that phenomenon, because we hear from campaigners that they believe that not just the nature but the frequency of such incidents has got worse and more prevalent over time. We keep under review the existing offences that are in place, but I know that my right hon. Friend will continue to be a strong advocate for a change to the law in this area.

[Caroline Nokes]

Will the Minister briefly reflect on the fact that it is not just campaigners, me and Members from across the House who are calling for a change in the law, but the Law Commission?

[Victoria Atkins]

Indeed. I was just about to say that my right hon. Friend has been joined by excellent company in the form of the Law Commission. She will, I am sure, appreciate that we are taking a little bit of time to consider this issue carefully.

My hon. Friend the Member for Brecon and Radnorshire spoke about the Online Safety Bill being the perfect vehicle for such a change in the law. As she would expect, we are working closely with our DCMS colleagues to explore the potential of that. Reference was made to the Women and Equalities Committee report that was published this week, and we invited the House to join us in drafting that Bill through pre-legislative scrutiny. My hon. Friend will know that a Joint Committee reviewed it very carefully and, of course, all of those considerations will be taken into account as DCMS takes the Bill forward.

My hon. Friend the Member for Rushcliffe (Ruth Edwards) made the fair point that while the Government look to legislate in due course, there is nothing to prevent internet companies from acting now. We should absolutely encourage these tech companies to consider their own moral duties to the public. They do not need to wait for us to pass a law: they can do the right and decent thing to stop women and girls suffering this sort of behaviour.

I would like to reassure my hon. Friend the Member for Brecon and Radnorshire and every colleague who has joined us this afternoon that we are actively and carefully considering the Law Commission’s recommendation on cyber-flashing, and are looking to identify a legislative vehicle as we aim to introduce a new, specific offence to criminalise it.

Question put and agreed to.

Afghan Citizens Resettlement Scheme

Caroline Nokes Excerpts

Monday 25th October 2021 Commons Chamber

[Victoria Atkins]

In answer to the hon. Lady’s many questions, she may recall that, in the course of the oral statement on 13 September and indeed in the “Dear colleague” letter that accompanied it, I had to be frank with the House in relation to the emails Members of Parliament had been sending—about people in Afghanistan who are not constituents, but whose safety they understandably want to ensure if they have emailed been and contacted by them—that due to the new situation as it then was in Afghanistan, we would not be able to work those cases as we would expect to in other casework scenarios.

Regrettably, the situation in Afghanistan has not changed since I last addressed the House. We do not have a British Army presence in Afghanistan and we do not have a British consular presence. There are, of course, many members of staff in countries around Afghanistan who are doing their absolute best to work with those who have made the journey into surrounding countries, but we must be realistic about the situation in country. We are working with international partners to find ways and routes out of Afghanistan, but we must do so with the international community.

The hon. Lady mentions the ambitious target of 5,000 that the Prime Minister set for the first year of the Afghan citizens resettlement scheme, and that is in addition to the Afghan relocations and assistance policy, under which many thousands of people were evacuated both before and during Operation Pitting. The majority of Chevening scholars were evacuated, and we are working with international partners to try to find ways for those who remain. The foundation on which the Government are working is to try to do things in what are difficult and fast-evolving circumstances, and to do what is right for people who have already been evacuated here, and those we wish to evacuate in future. I am afraid these things take time, but I hope I have the support of the House in creating the scheme in a way that best serves the interests of Afghans. I understand why the hon. Lady secured this urgent question, but I suggest we will achieve this through day-to-day work and by working together to ensure that the scheme addresses the concerns she raised.

[Caroline Nokes (Romsey and Southampton North) (Con)]

This morning I attended an Afghan community day, hosted by the Stronger Communities team in Southampton, and supported by Hampshire County Council, Southampton City Council, and Test Valley Borough Council. That was for Afghan families who are already settled here, or who have come here as part of the ARAP scheme. Their big concern is about families still left in Afghanistan, and they are desperately looking for detail and information about how the Afghan citizens resettlement scheme will work. My hon. Friend is right to point out the complexities, and we know that this will be harder than the vulnerable persons resettlement scheme, precisely because of the situation on the ground in Afghanistan. Will she please give us some hope that the application and allocation scheme is on its way, and that we will be able to provide our constituents with some sort of update?

[Victoria Atkins]

I can certainly provide my right hon. Friend with that assurance. We want to get this right, which is why it is taking us a bit of time. I understand the concerns of colleagues, and also, as she said, the real concerns of Afghans already in this country. I have met many, and every one has raised concerns about their families and friends left behind. I understand that, but it will take a bit of time, and I ask the House to bear with us while we try to ensure we get it right.

Domestic Abuse Bill

Caroline Nokes Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)[V]]

It is a pleasure to be able to speak in this debate—arguably for the second time, having contributed back in October. What has been really interesting today is the quality of contributions from both returning and new Members. I pay tribute to my hon. Friend the Member for Hyndburn (Sara Britcliffe), who made a very powerful maiden speech, albeit in interesting circumstances. I reassure other Members that, although she sits on the Women and Equalities Committee that I now Chair, I have at no time found her to be remotely difficult.

I thank the Lord Chancellor for his opening comments. I would like to pay tribute in particular to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), the Minister with responsibility for safeguarding, who will close the debate this evening. She has proven to be a doughty champion of the Bill on the various occasions it has come back before us. She has also taken time, during the intervening months, to speak to various Members, including me, about the difficulties and challenges in bringing into legislation amendments or parts of the Bill that would tackle the cases that my hon. Friend the Member for Wyre Forest (Mark Garnier) highlighted so eloquently. I remember sitting behind him in October when he spoke of Natalie Connolly. What is tragic and sad about that case, although horrific and dreadful, is that it is not unique. We will see more individuals who are perpetrators of domestic violence trying to run that sort of defence. We have to find a way to stop that. I am certainly committed to working with my hon. Friend and the right hon. and learned Member for Camberwell and Peckham (Ms Harman) in that regard.

We know that domestic abuse can affect anyone: both genders, people who are able-bodied and disabled, and all ethnicities. It is no respecter of socioeconomic background. What we do know is that it impacts some more than others. LGBTQ people are twice as likely as the rest of the population to suffer from domestic abuse. We heard earlier about the impact of domestic abuse on people with disabilities, perhaps particularly those with sight impairments. Those are all issues that have been raised with Members by various charities over the course of the past few days. We all know that it is no respecter of age. I urge Ministers to look again at how they can include in their statistics victims of domestic abuse who are over 74. We know that the National Crime Survey does not pick up on that. Tragically, over the course of the past few weeks we have seen more pensioners who have been impacted. That is absolutely horrific and we have to find ways to include that in the Bill. There is a great deal to be done in Committee. I urge all Members who have the opportunity to serve on the Bill Committee to ensure that the changes that some of us wish to see can be reflected in it.

We debate the Bill at the time of pandemic, when there is even more pressure on individuals, relationships and families. I wonder whether the Minister, in her closing comments, might reflect on the increase we have already seen in referrals to domestic abuse helplines, both online and telephone. When locked down with the perpetrator of domestic abuse, it is much harder for women to report those crimes. I ask her to reflect on what we might see when the pressure cooker valve is released and whether we will see yet more people reporting.

I want to conclude by speaking about the issue I raised on Second Reading part one, which is that of migrant women. I vividly remember sitting with my hon. Friend the Under-Secretary of State and my hon. Friend the Member for Charnwood (Edward Argar), in his time as a Justice Minister, alongside Southall Black Sisters and other groups representing migrant women. We know that people will use finances and physical strength—they will use any means they can to control people. Sadly, they will also use immigration status and passports. They will seize their victim’s documentation and keep it from them so that they cannot assert their right to be in the UK legally. It is crucial, as all the Ministers in that meeting said, that we see people first as victims and not through the prism of their immigration status.

My hon. Friend the Under-Secretary has a track record of standing up to those who seek to use power, influence and status to belittle and bully others. I reassure victims that they have a doughty champion in this Minister.

Oral Answers to Questions

Caroline Nokes Excerpts

Tuesday 8th October 2019 Commons Chamber

[Robert Buckland]

The hon. Lady and I have spoken about this case in the past. She is an assiduous campaigner on this and other issues, and I am grateful to her. The reforms to probation give us an opportunity to get that sort of risk assessment absolutely right. Ending the division between the National Probation Service and community rehabilitation companies will allow us to focus on the offender, rather than worrying about which part of the system they should be in. I am grateful to the hon. Lady for raising that issue.

[Caroline Nokes (Romsey and Southampton North) (Ind)]

My constituent Valerie Matcham’s grandson was killed by a single punch to the side of his head. Bradley’s killer was sentenced to just two years in prison, and the family are distraught at the thought that he could be out on licence after just one year. I am encouraged by my right hon. and learned Friend’s words and urge him to keep the views of families at the forefront of his mind when considering these difficult decisions.

[Robert Buckland]

My right hon. Friend raises a distressing case. It is perhaps not appropriate for me to comment on it individually, but I extend my deepest sympathy to the family and friends of that victim. It is precisely why we have decided to take action to try to create a higher degree of confidence for victims and their families when it comes to the administration of sentences.

Domestic Abuse Bill

Caroline Nokes Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Ind)]

It is always a privilege to follow the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). She and I do not always agree on things, but I absolutely concur with her final comments to the Minister about this being a gendered crime. Of course it happens to men as well as women, but we have to look at the reality of the statistics.

I welcome the opportunity this afternoon to get this Bill out of the blocks and use this unexpected week wisely. I must also pay tribute to the hon. Member for Canterbury (Rosie Duffield) for her moving contribution. I wish, in a limited period of time, to concentrate on one element alone. Some may look at me with some surprise when I do this, and fear I find myself in the role of gamekeeper turned poacher, rather than the other way round. I am sure the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), does not need reminding of the meeting that she and I attended in May, alongside the Minister for countering extremism and my hon. Friend the Member for Charnwood (Edward Argar), then an Under-Secretary at the Ministry of Justice. I was pleased to see him on the Treasury Bench for the opening of this debate. He made the point during that meeting that when considering domestic abuse it is imperative that we consider people as victims first, rather than alongside any other considerations that the Government might have. That meeting was attended by Southall Black Sisters, Imkaan and the hon. Member for Birmingham, Yardley (Jess Phillips), who has not yet spoken in this debate but who has such a wealth of experience and expertise on these issues.

I was pleased to hear my right hon. and learned Friend the Lord Chancellor talk about the need for a cross-Government approach. The meeting that I chaired and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle, attended was a cross-Government one, but, as I said to those agencies represented, it was not sufficiently cross-Government. There was no representation from the Department for Work and Pensions or the Department of Health and Social Care. If we are going to address domestic abuse in all its forms, we must have all bodies around the table.

[Chris Bryant]

I just wonder whether we should be looking at one other Department, the Department for Digital, Culture, Media and Sport, because in my constituency and in the south Wales valleys the worst spikes, when there are so many instances of domestic violence that the police are simply not able to cope, occur when there is a big rugby or football match. I simply do not understand why all the sporting bodies cannot come together to run a major publicity campaign to try to tackle this.

[Caroline Nokes]

I welcome the comments that the hon. Gentleman makes and those that my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), a former Culture Secretary, made when she said that she was trying to do what he suggests. Of course the Ministry of Housing, Communities and Local Government must also be involved. We have heard much about health, relationships and sexual education in schools, so the Department for Education also of course has a role to play.

I urge the Under-Secretary of State for the Home Department, my hon. Friend Member for Louth and Horncastle to do what she can to make sure that we are doing more for migrant women, bearing in mind that the destitute domestic violence concession is currently available only to those who come here on a family visa. We must consider those who are here as partners of refugees, those who are here en route to settlement but who have not yet got their protected status, and those who are here on tier 4 visas. We have heard much about older victims, but younger people, those who might be here as students, can also suffer from domestic abuse.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My right hon. Friend is making a valid point about the breadth of this issue and the need for Departments to co-operate. One of the most disturbing cases ever brought to my surgery—we all know how disturbing surgery cases can be—was that of a disabled man whom I had known in a different context as a cheerful, light-hearted person but who had been abused for years by his wife, who was of course much stronger and more powerful than him. Disabled people and other vulnerable people need to be taken into account here, which is one reason why we need to work across Government.

[Caroline Nokes]

My right hon. Friend is absolutely right; we must work across Government and we must consider all vulnerabilities.

We have heard this afternoon about the varied forms that domestic abuse takes. It might be physical, financial, emotional. We have heard about coercive control. However, there is also the controlling behaviour that relates to immigration status. A victim is a victim first, and the law and agencies must recognise that.

The role of the Minister is not simply to speak—it is to listen; it is to understand. Earlier, I mentioned the cross-Government meeting held back in May. As I said, it was not cross-Government enough, but I certainly listened very carefully that afternoon to the voices of Southall Black Sisters, the End Violence Against Women coalition, and Imkaan, and their message was that we had to extend the domestic violence concession and must not allow immigration status to be weaponised—as we know that, by perpetrators, it very much is weaponised. That can be physical, in the sense of a passport being withdrawn, but it can also take the form of the simple threat that a victim is in this country only because of the status of the perpetrator, and that if they were to approach an agency they would do so at their peril, and might then be excluded from this country.

The hon. Member for Swansea East (Carolyn Harris), who is no longer in her place—I venture into this space with some trepidation—spoke of the EU settled status scheme and EU citizens. I urge hon. Members to make contact with Home Office officials and talk to them about the amazing amount of work that has gone into the resolution centre in Liverpool. When I was a Minister, I visited the centre and spoke to a wide range of brilliant caseworkers there. I hesitate to name her, but the awesome Gabi, who was passionate about helping those in the most vulnerable situations, spoke about recognising that there will be people who apply to that scheme who no longer have their passport, and who have no paperwork evidencing their stay in the United Kingdom, because their controlling partner has seized that from them and prevented them from having access to it.

We heard this afternoon about Government data sharing. Again I hesitate to go there, but there are occasions when data sharing can actually be a force for good. I would highlight the EU settled status scheme, which can combine evidence from the Department for Work and Pensions and HMRC in order to draw a picture of someone’s life in the UK that enables those who are vulnerable, who have been victims, to pull together sufficient information. There is a call centre. I sat in on some of the calls, which were handled in the most compassionate and understanding way so that victims were not put through a gruelling process but were helped to obtain their status. When I left office, there were in the region of 1,500 people working on the scheme. I hope to goodness that there remain 1,500 people working on it today, because it is absolutely imperative that we get that right for all EU citizens who are in this country.

I know that the Minister takes this matter very seriously and I am delighted that she has seized the opportunity provided by a day that we were not expecting to be in Parliament to give the Bill a Second Reading and allow us to make progress. I urge her to continue listening to the words of current and former Ministers. I know that the current Chancellor of the Exchequer was very passionate about ensuring that the review on migrant women enabled the Bill to cover more ground and enabled us to consider the domestic violence concession and do more.

I hope that the Minister heeds that, and that when the Bill moves into Committee we can all play an active part to ensure that we make it every bit as good as it can be, embracing as many individuals in this country who have been subjected to domestic abuse as possible, to give them the help that they need.

--- Later in debate ---

[Mark Garnier (Wyre Forest) (Con)]

It is a great pleasure to follow the hon. Member for Bristol West (Thangam Debbonaire), chair of the all-party group on perpetrators of domestic abuse. I am sure that her work is extraordinary and really important.

I also follow the speech a little earlier of the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who talked about my constituent Natalie Connolly. Natalie Connolly, as she so rightly said, would be 28 years old now. She has a young daughter and she comes from a family of loving parents, loving grandparents, a loving sister and, of course, a loving daughter.

Natalie Connolly fell into a relationship with John Broadhurst in 2016. She was, I guess, impressed with him. He was a millionaire and she came from a relatively normal background. One Saturday afternoon, they went off to a rather extensive party. That evening, they were driven home by his driver. They went back to their house, which they were renting while their main one was being renovated, and indulged in intimate activities of an aggressive nature, which were allegedly consensual—I believe were consensual.

When John Broadhurst went to bed that night, he stepped over the bleeding, unconscious body of Natalie Connolly on the steps of their house and went upstairs, leaving her there. He came down the next morning, stepped across her now lifeless body, went and had breakfast, washed the car and called the emergency services, telling the police and paramedics that she was “dead as a doughnut”—which seems extraordinary.

Broadhurst was obviously charged with murder—the Crown Prosecution Service was going to maintain a murder case. The trial happened at the end of last year and was quite high profile at the time. The injuries that Natalie suffered were unbelievably extensive, extraordinarily intimate and, frankly, utterly, utterly brutal. She had lost a lot of blood from her injuries. But the problem was—this is where the law comes in—she bled into a carpet, so it was impossible to measure the extent of her blood loss. As a result, whether she died as a direct result of the injuries, or as a result of overuse of alcohol and possibly narcotics, could not be absolutely confirmed. The charges were therefore dropped from murder to manslaughter by neglect, owing to the fact that Broadhurst had left her behind to bleed to death overnight.

The problem was that to get this change of charge, someone had to sit down and talk to the family. I have met the family—an immensely kind and loving group of people. I sat down with them and we had a conversation about their daughter, who had been besmirched by this vile man. Their last memories of her will be of the court case—people discussing what he alleged about her and her hideous, unbelievable injuries. As I sat with this family, I looked at a group of people whose memories of Natalie should be of buying her first Snow White costume or Barbie doll when she was a child—all the stuff we want to do as parents who love our families. Being asked to understand the risk-balances of complicated legal issues put this family in an intolerable position, as they had to work out the right way forward to get a prosecution.

One of the unbelievably brilliant things about this House is that we are actually not divided when it comes to this sort of thing. The Mother of the House, the right hon. and learned Member for Camberwell and Peckham, reached out to me before Christmas and said, “Are you aware of this case?”, so the two of us worked together. I am not a lawyer, so I do not particularly understand these legal issues, but she does; this illustrates how good we can be as a House. We visited the Attorney General to see whether there could be a retrial, but he said, “Actually, no. In this particular case, the sentence was right because of the reduction of the charge.” So together—actually, me being led by her and learning from her—we want to table a couple of amendments.

[Caroline Nokes]

My hon. Friend is making an incredibly important point, and I think it is imperative that he is allowed the time in which to achieve that.

[Mark Garnier]

I am very grateful to my right hon. Friend.

There are two points. The first is that “she was asking for it” cannot possibly be a defence when somebody dies. Apart from anything else, the individual does not have the ability to defend themselves, and their reputation is being destroyed in front of the people they loved, the people who care for them and their friends. That is absolutely wrong. The “Fifty Shades of Grey” defence cannot be allowed.

The second point is that victims’ families are not qualified to make the decision about changing the charge so that there can be a better chance of a conviction. We need people who are brilliantly clever at this—brilliant barristers who are brave enough to fight these cases on behalf of the victims. But what we can do is ensure that the decision is made by somebody who really understands the process, so that the Director of Public Prosecutions is the one who is consulted if a change is going to be made in a case pertaining to this type of injury and homicide in a domestic abuse setting. In that way, these families will get the support they need.

Natalie Connolly would have been 28 now, with a young daughter growing up in a warm family, but she is no longer with us. If there is any way in which we can remember her, we have to do something to make sure that this can never happen to anybody ever again.

Women and the Vote

Caroline Nokes Excerpts

Wednesday 8th June 2016 Commons Chamber

[Caroline Dinenage]

The hon. Lady is absolutely right; we need to take every opportunity we can to promote the fantastic work of those who came before us and those who fought and died before us to secure the privileges that we enjoy today.

I am delighted that Parliament commissioned the new permanent work of art to commemorate women’s suffrage. I know that the hon. Member for Wirral South was on the Committee led by my hon. Friend—and real life friend—the Member for Romsey and Southampton North (Caroline Nokes). I pay tribute to the Committee for its work.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I could not resist intervening. The hon. Member for Livingston (Hannah Bardell) made a really serious point. The thing that strikes me is that we have a parliamentary art collection of 8,000 works of art, fewer than 200 of which represent women in any shape or form. Although my Committee works hard to improve on that, we are sometimes stymied by the media. I was struck by the article in “The Sun” online that criticised the new artwork. Is it not incumbent on all of us to try in some small way to make this place feel more relevant and warmer for women?

[Mr Speaker]

I suppose that even newspapers have the right, now and again, to be stupid.